R v Chardon

[2020] QCA 277

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Right of appeal
4. › Personal nature of right
5. › Whether right of appeal survives death of appellant
6. › Whether Court retains jurisdiction after death of convicted person
7. › Criminal Code (Qld), ss 668D, 668E, 669, 671B, 671D, 672, 672A
1. Appeal
2. › Criminal appeal
3. › Abatement of appeal
4. › Death of appellant after hearing but before judgment
5. › Whether personal representatives may continue appeal
6. › Whether legal interest in subject matter prevents abatement
1. Criminal Law
2. › Forfeiture rule
3. › Whether conviction is criterion of operation of forfeiture rule
4. › Whether acquittal operates as estoppel precluding reliance on forfeiture rule in civil proceedings
5. › Whether forfeiture rule gives personal representative legal interest in appeal
1. Practice and Procedure
2. › Parties
3. › Death of party
4. › Substitution of personal representative
5. › Whether procedural rules for substitution in civil proceedings apply to criminal appeals
6. › Uniform Civil Procedure Rules 1999 (Qld), rr 72, 73
7. › Criminal Code (Qld), s 671B

Quick Take

A convicted person's right of appeal against conviction and sentence under chapter 67 of the Criminal Code (Qld) is personal to the convicted person and does not survive their death. The Court's jurisdiction to determine the appeal ceases upon the appellant's death. The forfeiture rule does not give personal representatives a legal interest in the subject matter of the appeal because conviction is not a criterion of the forfeiture rule's operation and acquittal does not estop reliance on it in civil proceedings. The alternative pathway is a reference by the Crown Law Officer under s 672A of the Criminal Code.